N.Y. Comp. Codes R. & Regs. tit. 5 § 144.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 144.3 - Submission of an application

(a) Timing and procedure for submission of an application. Applications to certify business enterprises as minority and women-owned business enterprises shall be submitted at such time and in such manner as prescribed in this subdivision.

(1) Time of submission. Applications to certify a business enterprise as a minority or women-owned business enterprise may be submitted after such business enterprise has been engaged in business activities for at least one (1) year. Where an application is submitted on behalf of a business enterprise that has not been in business for at least one

(1) year, the division may, at its discretion, reject such application as described in this Part.

(2) Manner of submission. Applications shall be submitted electronically, in such form as the director shall require. An applicant may request to submit an application in paper form.

(i) Requests to submit a paper application shall be made to the director at the following address: 633 Third Avenue, 33rd Floor New York, NY 10017

(ii) Requests to submit a paper application must contain the name of the business enterprise for which the paper application is requested, and the business address of such business enterprise.

(iii) Upon receipt of a request to submit a paper application, the division shall generate a paper application bearing the name of the business enterprise for which the paper application is requested and return the paper application to the business address provided in the request for a paper application.

(b) Processing of an application by the division. The division shall review applications to certify business enterprises as minority and women-owned business enterprises based upon the certification criteria described herein in accordance with the procedures of this subdivision.

(1) Initial review of applications. The division shall notify an applicant of the status of an application within twenty-one (21) days of receipt of such application. Such notification shall identify deficiencies in the application, if any.

(i) Notification that additional information is needed. Upon receipt of an incomplete application, the division shall, as part of its notification as to the status of the application, identify documents or information the division requires to deem the application complete. Such notification shall indicate that an applicant must provide any identified documents or information to the division within twenty (20) days of the date of the notification. If an applicant does not provide the requested documents or information within twenty (20) days of the date of notification, the division may reject the application.

(ii) Receipt of response to notification that additional information is needed. Upon receipt of a response to a notification that additional information is needed, the division shall, within twenty-one (21) days, notify an applicant that the application is complete or determine that additional documents or information are needed to deem the application complete. If the division determines that additional documents or information are required to deem the application complete, the division shall send a second notification that additional information is needed. Such notification shall indicate that an applicant must provide any identified documents or information to the division within twenty (20) days of the date of the notification. If an applicant does not provide the requested documents or information within twenty (20) days of the date of notification, the division may reject the application.

(iii) Receipt of response to second notification that additional information is needed. Upon receipt of a response to a second notification that additional information is needed, the division shall, within twenty-one (21) days, notify an applicant that the application is complete or determine that additional documents or information are needed to deem the application complete. If the division determines that additional documents or information are required to deem the application complete, the division shall send a third notification that additional information is needed. Such notification shall indicate that an applicant must provide any identified documents or information to the division within twenty (20) days of the date of the notification. If an applicant does not provide the requested documents or information within twenty (20) days of the date of notification, the division may reject the application.

(iv) Receipt of response to third notification that additional information is needed. Upon receipt of a response to a third notification that additional information is needed, the division shall, within twenty-one (21) days, notify an applicant that the application is complete or, upon determining that the application remains incomplete, reject the application.

(2) Site visit or telephone interview. The division may, at its discretion, require minority group members or women relied upon to certify business enterprises as minority and women-owned business enterprises to be subject to a site visit or a telephone interview. Refusal by minority group members or women to participate in a site visit or telephone interview, or failure to appear at a scheduled site visit or telephone interview, may result in the rejection of any application by such minority group members or women.

(3) Complete application. Upon receipt of a complete application, the division shall make a determination to approve or deny such application within forty-five (45) days of receipt thereof.

(c) Rejection of an application. An applicant whose application has been rejected may not reapply for certification of a business enterprise as a minority or women-owned business enterprise for ninety (90) days. The division shall notify an applicant of its determination to reject an application in writing. Such notification shall identify the reason for its rejection of the application, and state that the applicant may not reapply for ninety (90) days from the date of the notification of rejection.

(d) Approval of an application. Upon the determination by the division to approve an application, the division shall send the applicant written notice of its determination. Such notification shall: indicate whether the business enterprise has been certified as a minority-owned business enterprise, a women-owned business enterprise, or both; state that the business enterprise shall be certified for a period of five (5) years commencing upon the date of approval of the application; state that the business enterprise shall be listed in the Directory; and require that the division be informed of any material change to the circumstances of the application, including, but not limited to, the ownership of the business enterprise and the primary place of business of the business enterprise, within thirty (30) days of such change.

(e) Denial of an application. Upon the determination by the division to deny an application, the division shall send the applicant written notice of its determination. Such notification shall identify the certification criteria that form the basis of the denial and describe the procedures by which an applicant may appeal a denial determination as set forth in Part 145 of this Title.

(1) Failure to appeal a denial determination. In the event that an applicant fails to submit a timely request for an appeal, as described in Section 145.2 of Part 145 of this Title, the denial determination shall be final. An applicant whose application has been finally denied may not reapply for two (2) years from the date of receipt of the written notice of denial without the approval of the director.

(2) In the event that an applicant appeals such denial determination, and such denial determination is upheld following a complete exhaustion of all appeals, the applicant may not reapply for certification for two (2) years from the date of a final determination and/or judicial order, whichever is later.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 144.3

Amended, New York State Register, Volume XXXVI, Issue 22, effective6/4/2014

Amended New York State Register December 2, 2020/Volume XLII, Issue 48, eff. 12/2/2020